In re the Guardianship of Sall

Citations

• 59 Wash. 539
• 110 P. 32
• 1910 Wash. LEXIS 1235

Syllabus

<p>Insane Persons — Guardians—Appointment. A guardian may be appointed of the estate of one who, following an accident, suffered a nervous shock and ill health, seemed to have forgotten his own identity, and displayed marked symptoms of mental alienation and suddenly disappeared, since which nothing had been heard of him after diligent search for over a year (Rudkin, C. J., dissenting).</p> <p>Same — -Jurisdiction to Appoint Guardian — Statutes—Construction — Courts—Inherent Powers. Construing as a whole the act of 1909 (Rem. & Bal. Code, § 1622 et seq.), providing in the first section that the superior court may appoint a guardian of the local estate of an insane person resident in the county, and in section 4, that if the insane person resides out of the state of Washington, service may be had by publication, the court is given jurisdiction to appoint a guardian of the local estate of a nonresident insane person; especially in view of the inherent chancery powers of the court to protect the estates of nonresident incompetent persons, the statute being merely cumulative and concurrent.</p> <p>Same. Const., art. 4, § 6, conferring universal original jurisdiction upon the superior court in all special cases and proceedings not otherwise provided for, is sufficiently broad to embrace general chancery jurisdiction to appoint guardians of the local estate of nonresident insane persons.</p> <p>Same — Jurisdiction to Appoint Guardian — Domicile. The jurisdiction of the superior court to appoint a guardian of the local estate of an insane person does not depend upon his domicile, but the appointment may he made when his whereabouts is unknown.</p> <p>Same — -Appointment op Nonresident. Under Rem. & Bal. Code, § 1622, providing no residential qualifications, the superior court may appoint a nonresident guardian of the local estate of a nonresident insane person.</p> <p>Insane Persons — Guardians—Jurisdiction op Property. Jurisdiction to appoint a guardian for the estate of